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Kansas Consumer Law Questions & Answers

1 Answer | Asked in Consumer Law for Kansas on

Q: There are several nail salons in Wichita Kansas that refuse to honor gift certificates past one year of issuance.

What can be done about that? Who do I talk to ?

Adam Savett answered on Sep 5, 2019

Kansas has a gift card / gift certificate expiration law (KS Stat § 50-6,108) that states:

Gift certificates or gift cards; regulation of; exceptions; definitions. (a) On and after January 1, 2007, no person, firm, partnership, association or corporation shall sell a gift certificate or...
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1 Answer | Asked in Consumer Law and Energy, Oil and Gas for Kansas on

Q: I have a clean record yet im being denied energy because of someone who lives with me that has an old overdue billlegal?

Even if he leaves i will have to prove he lives somewhere else which will leave me powerless for an extended time. Can i just be denied service on a hunch like this?

Tim Akpinar answered on Aug 25, 2019

That seems like a very high level of scrutiny if the account is in your name, you are not married, or don't have joint ties that could come up in any type of reports. In large cities where electric utilities serve millions of ratepayers, they don't generally track each and every member of the... Read more »

1 Answer | Asked in Consumer Law for Kansas on

Q: I bought a lawn mower from sears a week after i got it the battery won't stay charged they came out two times to look at

It are they still obligated to fix it

Tim Akpinar answered on Jul 18, 2019

That's a very short period of time within which to experience a mechanical problem. As a reputable company, Sears would probably want to work with you toward resolving a problem that materialized so soon after purchase. Ask if they have the means to elevate the issue to a higher level of tech... Read more »

1 Answer | Asked in Consumer Law and Land Use & Zoning for Kansas on

Q: Can a business block my way into my garage?

I've been driving across a vacant city lot for 30 years, a business came in and built their building going 10 feet into the easement of the alley. There was no notice when they were going to build this building and block my access into my garage. I am disabled and the situation of not being able to... Read more »

Scott C. Stockwell answered on Jun 4, 2019

Your statement seems to indicate the following: You have a garage that opens into an alleyway. A business built a bulding that extends into the alleyway that blocks access to your access. Your access has previously included access through a vacant city lot for 30 years. It is a little unclear as... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Criminal Law for Kansas on

Q: Bayview loan servicer not applying payments

Bayview loan servicing acquired our property in 2016. It was originally inc,used in a bankruptcy it we stayed in the home paying the monthly payment. Later, I fell on financial struggles which cause me to get behind in my payments. A short while later I was approved for mortgage modification &... Read more »

Timothy Denison answered on Jan 30, 2019

Hire a mortgage defense lawyer and let him handle it for you. You may have several options.

1 Answer | Asked in Insurance Defense, Car Accidents, Consumer Law and Insurance Bad Faith for Kansas on

Q: What to expect for an Examination under Oath?

My husbands car got stolen back in September and was burnt when the police found it. Our insurance Geico, Totaled The car out to be $10,000 somewhere in that ball park. There’s gap insurance on the car... It’s been going on two months and they are finally finishing up the investigation but... Read more »

Peter N. Munsing answered on Nov 15, 2017

They will try to get him to say he torched it--which is dumb because replacement costs more. Contact a member of the Ks Assn for Justice who handles "bad faith" claims --they give free consults.

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Identity Theft for Kansas on

Q: My husband opened and used a credit card account in my name, without my consent. What can I do?

Brian Leininger answered on Sep 26, 2017

Assuming you want him to be criminally prosecuted for it, gather all of the papers you have regarding this account and go to your local police and make a police report.

1 Answer | Asked in Tax Law, Consumer Law and Real Estate Law for Kansas on

Q: i just found out my home has been sold for unpaid taxes, and i didnt know anything about it what can i do?

Scott C. Stockwell answered on Aug 11, 2017

The initial sale of the house is to the county for the back taxes. There is a period of time in which the owner of the property may redeem the property. You should contact an attorney immediately to determine (a) when the sale took place; (b) the exact period of redemption you have; (c) the... Read more »

1 Answer | Asked in Banking, Consumer Law and Probate for Kansas on

Q: What is the law regarding a decreased person and a car note, when the bank fails to get the car for almost 2 years?

My father passed away almost two years ago. He left a car with a loan on it and the bank has failed to get it. They have set on my mother's property fore almost 2 years now. Is there anything that we can do to take ownership of the car, or file something against the bank for storage fees?

Scott C. Stockwell answered on Jun 27, 2017

There are appropriate procedures to transfer ownership of the vehicle and to quiet title to the vehicle. How to proceed would depend on the assets involved and the value of the assets involved. If the bank perfected its security interest in the car by recording a lien on the car title, that... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Consumer Law and Contracts for Kansas on

Q: How to obtain car title or court order for a car i just purchased?

I bought a car from a guy in Kansas and i have the Bill of Sale, 2 other witnesses, registration papers, and insurance papers. I need to obtain the title but he didn't have it and to him it'll take him $200 to obtain them since he says he needs to drive to Topeka to sign papers. I call BS on that.... Read more »

Rick Davis answered on Apr 27, 2017

The only way to obtain a title if he doesn't provide one is to file a quiet title suit. A quiet title suit is a legal proceeding where you ask the court to declare you the owner of the vehicle. Kansas legal services has a guide on how to file these suits. Here is a link to that information:... Read more »

1 Answer | Asked in Consumer Law for Kansas on

Q: Can I make a company comply with the last signed service agreement?

We have a company that takes our recyclable material and are to pay us per pound of useable material. Our last service agreement that was signed was in 2013. We received a steady flow of income from this company from 5/12-10/14. After 10/14 we did not receive any more income but they were still... Read more »

Glenn B. Manishin answered on Mar 3, 2017

Written contracts typically have a clause saying they cannot be modified or amended except in writing. If that is the case with the 2013 service contract, the claimed oral waiver is invalid as a matter of law and you can enforce the contractual payment obligation.

1 Answer | Asked in Bankruptcy and Consumer Law for Kansas on

Q: So what are the chances that a online payday loan place would sue someone if the loan wasn't paid back?

David Adams answered on Feb 7, 2017

Chances are pretty decent that they will sue and then seek to garnish either a bank account or your wages (both of which have previously been provided to them by the borrower) if the loan is not paid back.

1 Answer | Asked in Bankruptcy and Consumer Law for Kansas on

Q: Can a online payday loan place take you to court and seize your income tax return garnish your wages mess with your bank

David Adams answered on Feb 7, 2017

Very rarely would they go to the trouble to actually try to intercept the tax return - a bit tricky. More likely they will sue you, get a judgment in the court, and then file a garnishment on your bank account or wages. That is the order they would have to proceed - and they could send ongoing... Read more »

1 Answer | Asked in Identity Theft, Consumer Law and Personal Injury for Kansas on

Q: what kind of lawyer would i need for a business allowing a crime to happen to me?

staying at a hotel, person went to front desk, was issued a key, then went into my room, took over 1000 dollars of my belongings, took personal information which was used to takeover my bank account. The person was not on my reservation nor on the list of people allowed in my room. I was offered... Read more »

Peter N. Munsing answered on Jul 20, 2016

Talk to a member of the Kansas Trial Lawyers Assn /Assn for Justice--they give free consultations.Did you send a formal, itemized demand to the home office?

1 Answer | Asked in Consumer Law for Kansas on

Q: who is responsible for a bad flooring install

I had a vinyl floor installed from The Floor Project store in my kitchen on Wednesday. The store set up the instillation. I paid for the flooring at the store ($400) and the instillation at my home($410). I had a friend who stayed at my home during the instillation. I was at work. When I returned... Read more »

Peter N. Munsing answered on Jul 1, 2016

If you paid for installation, and the installation was done by their person, then it's on them.

1 Answer | Asked in Consumer Law for Kansas on

Q: I have a utility bill that im h aveing to pay an the main signer isn't haveing to pay a dime he said I was taken off

Can I sue the main signer ?

Adam Studnicki answered on Jul 18, 2015

Depends on the situation but if they don't have a dime it could be a waste of your time.

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